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HIV positive: is that a problem?

IcedCoffee

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Apr 18, 2016
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mr_west said:
Dear Yelena, hvala :)
Private health insurance - in my current country or should I open one in Canada (though I'm not sure I can now)
My country is offering treatment for free right now so I think that could also count, right?

Thank you.
I don't think trying to prove CIC you have a private insurance makes a point. I will try to explain why.
An applicant may be refused on health grounds – if their condition:
- is likely to be a danger to public health or public safety, or
- might reasonably be expected to cause excessive demand on health or social services
From what I was able to find on the Internet, HIV doesn't fall under the first reason as it cannot be passed to other individuals by a general contact (air, touch, etc.). But it does fall under the second condition "cause excessive demand on health or social services".
As you know, medicine in Canada is free for both PR and citizens, thus they cannot demand from you to have a private insurance due to your illness as it would be a discrimination.

Nevertheless, people with HIV can become Canadian PRs if they go under refugee stream or sponsored by a family member. This is the only explicit information I was able to find about HIV-positive cases http://www.cic.gc.ca/english/resources/tools/medic/surveillance/hiv.asp

I would suggest you contact a lawyer who has had any experience with similar cases.
 

mr_west

Newbie
May 23, 2016
7
0
IcedCoffee said:
I don't think trying to prove CIC you have a private insurance makes a point. I will try to explain why.From what I was able to find on the Internet, HIV doesn't fall under the first reason as it cannot be passed to other individuals by a general contact (air, touch, etc.). But it does fall under the second condition "cause excessive demand on health or social services".
As you know, medicine in Canada is free for both PR and citizens, thus they cannot demand from you to have a private insurance due to your illness as it would be a discrimination.

Nevertheless, people with HIV can become Canadian PRs if they go under refugee stream or sponsored by a family member. This is the only explicit information I was able to find about HIV-positive cases
I would suggest you contact a lawyer who has had any experience with similar cases.
I see there is no explicit saying that I cannot apply, just what to do when I get there and have HIV. Refugee stream or family member sponsorship is not an option for me.
Are there any good lawyers on the forum or should I find them in the country I am in?
 

IcedCoffee

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Apr 18, 2016
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mr_west said:
I see there is no explicit saying that I cannot apply, just what to do when I get there and have HIV. Refugee stream or family member sponsorship is not an option for me.
Are there any good lawyers on the forum or should I find them in the country I am in?
Unfortunately, I can't advise you on any lawyers. But I would suggest looking for Canadian lawyers with proper license. This reduces a chance to run into a fraud.
 

adexy

Full Member
Jan 14, 2016
28
1
mr_west said:
I see there is no explicit saying that I cannot apply, just what to do when I get there and have HIV. Refugee stream or family member sponsorship is not an option for me.
Are there any good lawyers on the forum or should I find them in the country I am in?
u can go thru some of the post. There is a thread on Hiv and some people were actually granted a ppr after they were able to write out how they would not burden the health sector financially. Dont be discouraged. Check very well the thread is there somewhere. Goodluck
 

yelena

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May 8, 2015
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IcedCoffee said:
I don't think trying to prove CIC you have a private insurance makes a point. I will try to explain why.From what I was able to find on the Internet, HIV doesn't fall under the first
it makes a difference because you show them you have an option to finance the medication on your own.

mr_west said:
Dear Yelena, hvala :)
Private health insurance - in my current country or should I open one in Canada (though I'm not sure I can now)
My country is offering treatment for free right now so I think that could also count, right?

Thank you.
private insurance in canada preferably, especialy if your current country covers HIV tretments for free.

Honestly, if your general health is ok and the ilness is under control, you should be fine.
 

deadbird

Hero Member
Jan 9, 2016
648
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Attitudes about HIV infection are changing a lot. It is no longer a deal breaker for immigration to the US - http://www.immigrationequality.org/get-legal-help/our-legal-resources/visa-questions/hiv-ban-hiv-based-immigration-applications/

Additionally, according to this document - http://www.cic.gc.ca/english/resources/tools/medic/surveillance/hiv-handout.asp ; it seems like the language allows you to settle.

There are many HIV+ people living happy healthy lives as long as they take their medication. At the very least, you must be prepared to answer the question of how you will manage the expenses of your treatment. Once you land, I don't think it matters.
 

deadbird

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Jan 9, 2016
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Here's a helpful image - http://www.cic.gc.ca/english/resources/tools/medic/admiss/images/algorithm-en.jpg
 

jessiepanda

Full Member
Apr 14, 2015
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I don't think the free treatment in your current country will help you since you are going to immigrate to Canada. If you can't get one in Canada, your chance should be very slim.
 

PN2511

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being HIV positive and having full blown AIDS are two very different scenarios ! I do not think that just being HIV + could be a cause an outright refusal ! I would take the chance !
 

kirtivsingh

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mr_west said:
Dear Yelena, hvala :)
Private health insurance - in my current country or should I open one in Canada (though I'm not sure I can now)
My country is offering treatment for free right now so I think that could also count, right?

Thank you.
Mr_west,

I would strongly suggest you to get a consultation with a lawyer. getting a private health insurance is necessary for Temp residents not permanent residents as it is impossible for the govt. to trace if the insurance was renewed year after year. Medicals are done for a reason which is that the new resident coming to Canada is not bringing huge expenses in health care to Canadian economy and can be a substantial reason for rejection.
We all here on this forum are not immigration professionals and speak on our good judgement. IN your case you should take professional immigration consultation.
 

Aragorn165

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It can create complications, but you can definitely get accepted even if you are HIV positive. Encourage you to apply regardless.
 

computergeek

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taiclefa said:
Does anybody know if a private health insurance is enough to approval of CIC?
It is supposed to be sufficient, but I have seen cases in which IRCC has refused someone, even when they have complete insurance coverage.
 

PSIL

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The rule of thumb is they do not want to accept people with medical conditions that would become a burden on the health system of Canada as health care is more or less free here. If that was the case many people would take advantage of the system to emigrate here just to receive free health care. If this applies specifically to HIV I am not 100% sure but chances are this is not good if discovered at medicals.
 

Outworld

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Oct 25, 2017
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It is supposed to be sufficient, but I have seen cases in which IRCC has refused someone, even when they have complete insurance coverage.
Dear Sir/Madam,
I am HIV positive and I gave got ITA so I am about to accept it.
As far as I know you have got extensive knowledge about HIV cases; therefore can you please help me out with couple of questions.
First of all, what should I answer to the Statutory question about having serious disease physical or mental condition?
According to my understanding this question requires to be answered Yes if there are disease which pose danger to public or if someone has disabilities or complications (in HIV cases it's AIDs and opportunistic infections)
I had CD 4 near to 500 when I was first diagnosed with HIV my viral load was 60000.
After 6 months (May 2008) my viral load is below 400(very low) but CD4 hasn't been tested again.
So far no infections. No TB, HepC Hep B are negative as well.
Secondly, if I answer No to that Statutory question and later disclose my condition to panel physician would it be misrepresentation?
Some Forumites advise me to answer yes in order to avoid misrepresentation.
Finally, before visiting panel physician should I have reports and reference from my infectionist regarding my condition and analysis and medications or this is done AFTER visiting panel physician on request of the later? Also, panel physician asks for repeating CD4 and Viral load analysis or the tests from the National HIV's cantre data on those paramametrers suffice?